A. Request for Deviation. A utility requesting a deviation from one (1) or more of the provisions of this Chapter must do so in writing to the Village Engineer as a part of the permit application. The request shall identify each provision of this Chapter from which a deviation is requested and the reasons why a deviation should be granted.
B. Authority to Grant Deviations. The Village Engineer shall decide whether a deviation is authorized for each provision of this Chapter identified in the deviation request on an individual basis.
C. Conditions for Granting of Deviation. The Village Engineer may authorize a deviation only if the utility requesting the deviation has demonstrated that:
1. One (1) or more conditions not under the control of the utility (such as terrain features or an irregular right-of-way line) create a special hardship that would make enforcement of the provision unreasonable, given the public purposes to be achieved by the provision; and
2. All other designs, methods, materials, locations or facilities that would conform with the provision from which a deviation is requested are impracticable in relation to the requested approach.
D. Additional Conditions for Granting a Deviation. As a condition for authorizing a deviation, the Village Engineer may require the utility requesting the deviation to meet reasonable standards and conditions that may or may not be expressly contained within this Chapter but which carry out the purposes of this Chapter.
E. Right to Appeal. Any utility aggrieved by any order, requirement, decision or determination, including denial of a deviation, made by the Village Engineer under the provisions of this Chapter shall have the right to appeal to the Village Board, or such other board or commission as it may designate. The application for appeal shall be submitted in writing to the Village Clerk within thirty (30) days after the date of such order, requirement, decision or determination. The Village Board shall commence its consideration of the appeal at the Board's next regularly scheduled meeting occurring at least seven (7) days after the filing of the appeal. The Village Board shall timely decide the appeal.
(Ord. 594, passed 11-19-2007; Am. Ord. 638, passed 11-17-2009)